Ex parte SCHWAEGERLE - Page 4




          Appeal No. 95-3630                                                          
          Application No. 08/001,993                                                  


               One additional comment is in order.  We note that the                  
          expression “0.1 to 3 parts of titanium dioxide” in claim 24 is              
          somewhat vague in that it is not related to the amount of any               
          other composition component as, for example, in claim 26 and in             
          the specification (p. 7, line 27 - p. 8, line 3).  We find it               
          unnecessary to reject the claims under 35 USC 112, second                   
          paragraph, for indefiniteness by applying the provisions of 37              
          CFR 1.196(b) since we trust that the examiner and appellant will            
          engage in a cooperative effort to obviate this problem.                     
                                      REVERSED                                        



                                                       )                              
                         MARC L. CAROFF                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN D. SMITH                 )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         JOAN ELLIS                    )                              
                         Administrative Patent Judge   )                              






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